The Off-Street Parking Regulations require that developments provide parking in proportion to the need created by each use. These regulations further establish standards for the functional design of parking facilities. These regulations are intended to accommodate vehicles in a functionally satisfactory manner and to minimize external effects on neighboring properties.

(Ord. No. 6864, 3-12-2002)

A.

Applicability. Off-street parking shall be provided for any new buildings constructed; for new uses or conversions of existing buildings; or for enlargements of existing structures.

B.

Exemptions.

1.

Any use within the CBD, Kearney Center Mixed District is exempt from the off-street parking requirements. Any off-street parking facility constructed in the CBD District after the effective date of this Ordinance must comply with the design standards set forth in this section.

2.

Off-Street Parking facilities or Parking Structures constructed in the CBD District after the effective date of this Ordinance must comply with the design standards set forth in this section.

C.

Exceptions.

1.

The Development Services Director or their designee may approve a reduced number of parking spaces for a specific project if the number of reduced total off-street parking spaces is ten (10) percent or less of the total required.

2.

Applicants requesting reductions in total off-street parking spaces greater than ten (10) percent may request approval from the City Council. Development Services Staff shall provide City Council a summary of off-street parking requirements; applicant must provide a site plan demonstrating the ability to provide requested off-street parking spaces, and the ability to provide additional off-street parking should City Council determine additional off-street parking be provided. Additional off-street parking as determined by City Council shall be provided within sixty (60) days of the time the City Council deems such parking be provided.

(Ord. No. 6864, 3-12-2002; Ord. No. 6964, 6-10-2003; Ord. No. 8089, 7-12-2016; Ord. No. 8575, § 1, 5-10-2022)

Parking facilities for each use shall be provided in accordance with the minimum requirements set forth in Table 49-1.

A.

Computation.

1.

Parking facilities for each use shall be provided in accordance with the minimum requirements set forth in Table 49-1.

2.

When a computation of required parking results in a fraction of 0.5 or greater, the requirement shall be rounded up to the next whole number. Schedule A shall be used to determine parking facilities for use types not listed in Table 49-1, excluding residential use types. Upon review of a project based on intensity of use, additional parking may be required by Development Services Staff.

3.

Unless otherwise indicated, parking requirements are based on gross floor area.

4.

When parking requirements are computed on the basis of capacity, capacity shall be determined by the building code or other official determinations of occupancy in effect for the City of Kearney at the time the use is established.

5.

Spaces designated for people with disabilities and those designated for electrical vehicle charging are included in the total computation of required parking spaces.

Table 49-1:
Minimum Off-Street Parking Requirements

* Auto Service and Body Repair subject to other restrictions applicable under this ordinance: See Chapter 13: Use Types - "Vehicle Storage"; also, Chapter 46: Supplemental Use Regulations, "Outdoor Storage."

(Ord. No. 6864, 3-12-2002; Ord. No. 6963, 6-10-2003; Ord. No. 7212, 9-13-2005; Ord. No. 8096, 9-13-2016; Ord. No. 8164, 7-11-2017; Ord. No. 8575, § 2, 5-10-2022)

A.

Residential Parking.

1.

With the exception of Downtown Residential uses, off-street parking for residential uses shall be located on the same lot or site as the use. For single-family and duplex residential, the parking spaces may be a garage, carport, or a parking pad. At least one (1) of the parking spaces shall be behind the front and street side yard setback lines when two (2) spaces are required. When three (3) spaces are required, at least two (2) of the parking spaces shall be behind the front and street side yard setback lines. The remaining required spaces may be in the driveway leading to the other parking spaces.

The driveway shall lead from a street or alley to the parking spaces. Parking is allowed in the rear yard.

2.

Off-street parking areas for any multi-family or group residential uses shall be at least six (6) feet from any main building; and shall not be located within a required front yard or street side yard.

3.

For multi-family residential uses, separately leased detached garages may not be used to satisfy parking requirements for such use. Parking incorporated into the design of multi-family buildings, or within parking structures, shall be counted toward fulfillment of parking requirements.

B.

Non-residential Parking. Off-street parking for non-residential uses shall be located on the same lot or site as the use, or within three hundred (300) feet of that use if the parking site is within a zoning district that permits the Off-Street Parking use type. Control of ownership or use rights to the remote off-street parking must be demonstrated as a condition of permission.

(Ord. No. 6864, 3-12-2002; Ord. No. 8575, § 3, 5-10-2022)

A.

Parking Requirement. Each off-street parking facility shall provide the number of parking spaces set forth in Table 49-2 designed and designated for use by people with disabilities. Every eighth (8th) parking space shall be van-accessible. Design criteria and dimensions shall be in accordance with Federal Register, Volume 56, No 144. Parking facilities for single-family, duplex, two-family, and mobile home residential uses are exempt from this requirement.

B.

Design. Spaces designated for people with disabilities shall have a minimum width of twelve (12) feet. Each handicapped space shall provide a barrier free route to an accessible building entrance, which shall not require users to walk or wheel behind parked cars. Such spaces shall be designated with an upright sign exhibiting the universal symbol for accessibility by the handicapped. All such spaces shall be designed in compliance with the standards of the Americans with Disabilities Act.

Table 49-2: Accessible Parking Requirements

(Ord. No. 6864, 3-12-2002; Ord. No. 8575, § 4, 5-10-2022)

A.

Dimensions.

1.

Standard parking stalls shall be a minimum of nine (9) feet wide and twenty (20) feet long.

2.

Where parking stalls are located adjacent to landscaped areas, the paved depth of such stalls may be decreased by two (2) feet to provide for a vehicle overhang area. The vehicle overhang area may not encroach into a required landscaped area or public sidewalk or right-of-way.

B.

Pavement and Drainage.

1.

All off-street parking facilities, including approaches and maneuvering areas, shall be surfaced with concrete, asphalt, asphaltic concrete, or brick and shall be maintained with materials sufficient to prevent mud, dust, or loose material except as provided below:

(a)

Sites within the AG, RR-1 and RR-2 Districts are exempt from this requirement.

(b)

In residential areas, all parking spaces and driveways used for parking shall be paved, including driveways that lead to paved parking spaces.

(c)

In M-1 and M-2 Districts, the paving requirement for parking and loading areas serving industrial uses is not required. The approach from the public right-of-way plus an additional ten (10) foot of driveway on private property must be paved. In addition, disability accessible parking spaces must be paved.

(d)

In BP Districts, paving is not required for areas outside of the street yard that are used for designated storage areas, service areas, or off-street parking areas which exceed the required number of parking stalls. If the parcel has more than two (2) street yards, a single street yard having the lowest road classification would not require paving in the street yard except for the public right-of-way approach and an additional ten (10) feet of driveway on private property.

2.

Off-street parking facilities shall be designed and built to prevent the free flow of water onto adjacent properties. Parking lot design which discharges water onto public right-of-way is subject to review and approval by the Director of Public Works.

C.

Landscape and Screening Requirements. Landscape requirements for off-street parking facilities are set forth in Section 48-106.

D.

Entrances and Exits.

1.

Adequate maneuvering area shall be provided on site to each parking space. Minimum standards are set forth in the City of Kearney Design Manual. No portion of the maneuvering area for parking and loading areas shall extend onto a public right-of-way.

2.

Adequate access to each parking facility shall be provided by means of clearly defined and limited driveways or access points. Such driveways shall be designed to direct non-residential traffic away from residential areas.

3.

Parking facilities other than driveways for single-family, duplex, two-family, or mobile home residential uses must permit vehicles to enter streets in a forward position.

4.

Head-in parking from any public right-of-way shall be permitted only in the CBD or C-1(N) Districts, or as part of a specific Planned Development design.

E.

Design and Pedestrian Access.

1.

Commercial or office parking lots shall be designed to separate pedestrians from vehicles to the maximum degree possible and to provide protected pedestrian paths within parking areas which lead to store, building, or shopping center entrances.

2.

Sidewalks and walkways in commercial developments should link to the City's sidewalk and trail system where available, and shall provide a safe pedestrian route from adjacent public sidewalks and trails.

F.

Safety Features.

1.

Parking facilities shall be designed to provide visibility of and between pedestrians and vehicles when circulating within or entering or leaving the facility; and shall not create blind, hidden, or hazardous areas.

2.

Circulation patterns shall be designed in accordance with accepted standards of traffic engineering and safety.

G.

Maintenance. All parking facilities shall be maintained to assure the continued usefulness and compatibility of the facility. Acceptable maintenance includes keeping the facility free of refuse, debris, and litter; maintaining parking surfaces in sound condition; and providing proper care of landscaped areas.

H.

Adjustment for Conditional Uses and Planned Mixed Use Projects.

1.

For uses subject to a Conditional Use Permit approval, the Planning Commission may adjust the minimum requirements of this section, in order to provide design, usability, attractiveness, or protection to adjoining uses in a manner equal to or greater than the minimum requirements of this section.

2.

In mixed use projects, different uses may have complementary parking requirements. This can result in a parking requirement that is less than the sum of parking required for each use and added separately. The Planning Commission may authorize an adjustment to the total parking requirement for separate uses located as part of a common development, or for separate uses located on adjacent sites and served by common parking facilities. All parking facilities subject to the mixed use adjustment must be located in a common facility, equally accessible and usable to all served uses.

(Ord. No. 6864, 3-12-2002; Ord. No. 6964, 6-10-2003; Ord. No. 8443, § 8, 10-13-2020; Ord. No. 8575, § 5, 5-10-2022)

A.

Parking Requirements.

1.

Each parking facility providing fifty (50) spaces or more shall provide parking accommodations for bicycles as provided by the Table 49-3.

Table 49-3: Bicycle Parking Requirements

2.

Bicycle parking facilities shall include bicycle racks secured to prevent easy removal, bicycle lockers, or bicycle posts or bollards expressly designed for the secure storage.

3.

The location of bicycle parking facilities shall be at least as convenient to the main entrance of the primary use as the most convenient automobile parking not reserved for use by disabled people.

4.

Bicycle parking should be located to prevent hazards or obstructions to the normal flow of pedestrians into a use.

(Ord. No. 6864, 3-12-2002)

A.

Loading Requirement. In any district with every building or part thereof hereafter erected, having a gross floor area of ten thousand (10,000) square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building, at least one (1) off-street loading space plus one (1) additional such loading space for each twenty thousand (20,000) square feet or major fraction thereof of gross floor area, so used, in excess of ten thousand (10,000) square feet.

B.

Design Standards.

1.

Each loading space shall be at least twelve (12) feet wide by forty (40) feet long, with a vertical clearance of at least fourteen (14) feet and shall provide adequate maneuvering area on site to access the loading space. No portion of a maneuvering area for a loading space shall extend onto a public right-of-way.

2.

Paving of loading spaces and access areas shall be permanent, durable, and free of dust.

3.

Off-street loading areas are subject to the landscaping and buffering requirements for parking facilities set forth in this Section.

C.

Schedule of Loading Spaces. Loading spaces for each use requiring them shall be provided in accordance with the minimum requirements set forth in Table 49-4.

Table 49-4: Off-Street Loading Requirements

(Ord. No. 6864, 3-12-2002; Ord. No. 6964, 6-10-2003)

A.

Stacking Requirements. Commercial establishments providing drive-in or drive-through services shall provide minimum on-site stacking distance as provided by Table 49-5.

Table 49-5: Off-Street Stacking Requirements

Note: Minimum vehicle lane shall be twelve (12) feet. Vehicle length = twenty (20) feet.

* May be increased based on Site Plan review.

B.

Alternative Runaround Access for Drive-Through Lanes Exceptions.

1.

Facilities with two (2) ingress/egress access points not connected to the drive-through lane(s).

2.

Facilities that have no public indoor seating.

(Ord. No. 6864, 3-12-2002; Ord. No. 6964, 6-10-2003; Ord. No. 7311, 11-14-2006; Ord. No. 8096, 9-13-2016; Ord. No. 8232, § 5, 4-24-2018; Ord. No. 8575, § 6, 5-10-2022)

A.

Approved Locations and Design Standards for Parking Personal Vehicles, Recreational Vehicles, and Personal Hauling Trailers. This section defines where parking is permitted for all such vehicles on residential developed lots:

1.

Parking is permitted within an enclosed structure.

2.

All parking located in the front yard or street side yard shall be on a hard-surfaced pad or hard-surfaced driveway. All parking pads or extensions of driveways, when located in the front yard setback or street side yard setback shall not exceed twenty (20) feet in width.

3.

The maximum width of a driveway approach is determined by Kearney Standard Drawings—Driveway Details. A maximum of one (1) driveway approach is allowed on lots with lot frontages of seventy feet (70) or less. A maximum of two (2) driveway approaches may be allowed on lots with greater than seventy feet (70) of lot frontage provided that the total width of the driveway approach at the property line does not exceed the allowed maximum width and minimum distance of spacing can be maintained as determined by Kearney Standard Drawings—Driveway Details. Corner lots with adequate lot frontage shall be allowed one (1) additional driveway approach in the street side yard side of the lot. No residential lot shall exceed a maximum of three (3) driveway approaches.

4.

Recreational vehicles or personal hauling trailers may be parked in the front yard or street side yard on a paved driveway provided that no portion of the recreational vehicle or personal hauling trailer is closer than ten (10) feet to the back of the curb, however, in no case shall the recreational vehicle or personal hauling trailer encroach into or over the public sidewalk.

5.

Recreational vehicles or personal hauling trailers may be parked on interior side yards or rear yards on a paved parking pad or on a surface consisting of crushed concrete or rock provided the aggregate size is at least one and one half (1½) inch minimum graded aggregate. Aggregate pads shall be contained within a physical boundary such as landscape timbers, bricks or railroad ties with a minimum depth of four (4) inches. Aggregate pads shall be maintained free of weeds, grass or other vegetation.

6.

No recreational vehicle shall be considered as a residence for the purposes of this Chapter or other ordinances of the City.

7.

All parking pads shall be sized to ensure the entire width and length of the recreational vehicle or personal hauling trailer is parked on the designated area.

8.

In no case shall personal vehicles, recreational vehicles or personal hauling trailers be parked in such a manner to encroach upon the public right-of-way, including the public sidewalk or driveway approaches.

B.

Materials for Parking Spaces and Driveways.

1.

All driveways and parking spaces for personal vehicles, recreational vehicles and personal hauling trailers shall be on a paved surface connected by a paved driveway to a dedicated public street, road or paved alley in accordance with Item B, Pavement and Drainage, of Section 49-106 "Off-Street Parking Design Standards" of Chapter 49 "Off-Street Parking" of the Code of the City of Kearney.

2.

A paved driveway is not required when access to the enclosed structure or parking pad is from an unimproved alley or for a recreational vehicle or personal hauling trailer which is parked in a rear yard.

3.

Any paving shall not exceed the maximum impervious coverage limit of the zoning district.

C.

Provisions for Commercial Vehicles and Commercial Hauling Trailers.

1.

Commercial vehicles and commercial hauling trailers shall not be parked or stored on private property or on the public right-of-way in any residential zoning district; except for the following:

a.

Commercial vehicles and commercial hauling trailers used exclusively for the purpose of or associated with the construction of residential or commercial buildings may be parked on construction sites off the public right-of-way.

b.

Commercial vehicles and commercial hauling trailers associated with a home based business with approval of the Building Official.

(Ord. No. 6864, 3-12-2002; Ord. No. 7440, 6-10-2008; Ord. No. 8575, § 7, 5-10-2022)